Monthly Archives: June 2018

NACDL’s Fourth Amendment Center Offers Direct Assistance to Defense Lawyers

NACDL’s Fourth Amendment Center now offers direct assistance to defense lawyers handling cases involving new technologies and tactics that may infringe on privacy rights of Americans. The Center’s staff is available to help members of the defense bar in bringing new Fourth Amendment challenges, providing a range of support from training and resources to expert consultation and direct litigation, all free of charge.

The Center is now available to provide litigation assistance in cases raising issues addressing new surveillance tools, technologies, and programs; including:

  • Searches and seizures of personal data held by “third-party” service providers (the “third-party doctrine”)
  • Overbroad searches and seizures of electronic devices or online accounts
  • Electronic location tracking, including cell site simulators (“Stingrays”)
  • Government hacking and use of “network investigative techniques”
  • New law enforcement technologies: predictive policing, facial recognition/biometric identification, and drone/aerial surveillance.

Defense lawyers with cases involving any of these or other issues are encouraged to contact NACDL’s Fourth Amendment Center. The Center assists attorneys who are members or non-members of NACDL. The Center is available to provide consultations and litigation resources as well as direct assistance in support of a defendant’s claims. Specifically, the Center may assist in motion practice, preparation for suppression hearings, as well as appellate strategy, brief writing, and oral argument. The Center also provides group trainings for defense lawyers around the country and upon request.

To request assistance or additional information, contact:

Jumana Musa, Director, Fourth Amendment Center: (202) 465-7658, jmusa@nacdl.org

Michael Price, Senior Litigation Counsel, Fourth Amendment Center: (202) 465-7615, mprice@nacdl.org

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Filed under Digital Forensics

Having a client declared indigent for the purpose of attaining expert assistance

In some cases where an attorney has been retained, the defendant may exhaust their funds and not be able to pay for expert assistance that is needed in the case. The ability for a defendant to access expert witness assistance is protected by the Due Process Clause of the Fourteenth Amendment, but attorneys for may be unsure about the process for obtaining funding  for expert assistance when the client has become indigent during the course of the representation.

When defendants who have been able to hire counsel become indigent over the course of representation, they have to motion in order to be allowed the usage of state funds to hire investigators and expert witnesses. To help attorneys secure expert assistance on behalf of an indigent client, IDS has put together a template motion for indigency.  The motion can be filed as a stand-alone motion or it can be incorporated into the motion for funding for an expert that is described below. The template can be accessed here.

In addition to the motion for indigency, counsel in non-capital cases must submit Form AOC-G-309 and an ex parte motion for the appointment of an expert in order to obtain funding for an expert for an indigent client. In potentially capital cases, Form IDS-028 must be submitted along with the motion for indigency to the Office of the Capital Defender. These forms and sample motions for the appointment of an expert can be found here.

IDS thanks Davis & Davis, Attorneys at Law for their assistance with this motion!

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Filed under Experts, Uncategorized